HomeMy WebLinkAbout2004-382ORDINANCE NO. 20 �(-3,02.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 4 (NR-4)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY
DISTRICT, FOR APPROXIMATELY 6.7 ACRES OF LAND LOCATED GENERALLY ON THE
SOUTHWEST CORNER OF WILLOWWOOD STREET AND MCCORMICK STREET INTHE
CITY OF DENTON, DENTON COUNTY, TEXAS; SUCH OVERLAY DISTRICT
ESTABLISHES DIFFERENT REGULATIONS THAN WOULD BE NORMALLY PERMITTED
IN THE NR-4 DISTRICT, RESTRICTING PERMITTED USES TO CHURCHES ONLY;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
(Z04-0039)
WHEREAS, Taylor Park Church of Nazarene has applied for a change in zoning for
approximately 6.7 acres of land particularly described in Exhibit "A" attached hereto and made apart
here of as Exhibit "A" (the "Property") from Neighborhood Residential 2 (NR-2) zoning district
classification and use designation to Neighborhood Residential 4 (NR-4) zoning district
classification and use designation with an overlay district; and
WHEREAS, on October 27, 2004, the Planning and Zoning Commission recommended
approval of the requested change in zoning; and
WHEREAS, the City Council makes the following findings:
a. The change in zoning, including the overlay district, is consistent with the
Comprehensive Plan; and
b. The overlay district will protect and enhance the Property and surrounding area
which are distinct from lands and structures outside of the overlay district and the
immediate neighborhood; and
c. The regulations imposed in the overlay district serve important and substantial
public interests by preserving the integrity of the neighborhood surrounding the
overlay district while offering a different type of residential home to the public
and the neighborhood; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The zoning district classification and use designation of the Property is hereby
changed from Neighborhood Residential 2 (NR-2) zoning district classification and use designation
to Neighborhood Residential 4 (NR-4) zoning district classification and use designation, with an
overlay district (the "Overlay District") containing the following regulation:
Permitted uses are restricted to churches only.
The above regulations shall control within the Overlay District over any conflicting regulations for
the NR-4 zoning district contained in the Denton Development Code.
SECTION 3. The City's official zoning map is amended to show the change in zoning
district classification including a reference to the Overlay District.
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record -Chronicle, a daily newspaper published in the CityofDenton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the M day of Leern/b'/ 12004
ea.� Aat
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
"I� i ;I V IM
APPROVED AS TO LEGAL FORM:
HERB ERT L. PRO TY, ITY ATTORNEY
BY:
Page 2
Exhibit A
FIELD NOTES to all that certain tract of land situated in the A.N.B. TOMPKINS
SURVEY, Abstract No. 1246, in the City of Denton, Denton County, Texas and being a
part of Lot 1 and a part of Lot 2, Block 2, HOME ACRES ADDITION, an addition in the
City of Denton, Denton County, Texas according to the Plat thereof recorded in Volume
1, Page 7-1/2 of the Plat Records of Denton County, Texas, also being a resurvey of a
called 6.674 acre tract of land described in the deed from Mel Wheeler, Inc. to Denton
Shop with a Cop, Corporation, as recorded in County Clerk's File No. 97-R0049971 of
the Real Property Records of Denton County, Texas; the subject tract being more
particularly described as follows:
BEGINNING at a'/2" iron rod found for the Northeast corner of said 6.674 acre tract in
the recognized South line of Willowood Street, from which the Northeast corner of said
Lot 1 bears North 00 degrees 25 minutes 50 seconds East at a distance of 8.00 feet;
THENCE South 00 degrees 25 minutes 50 seconds West with the East line of said tract
and said Lots 1 & 2 a distance of 703.66 feet to the Southeast corner of said tract and said
Lot 2;
THENCE North 88 degrees 40 minutes 18 seconds West with the South line of said tract
and said lot a distance of 413.10 feet to the Southwest corner of said lot;
THENCE North 00 degrees 25 minutes 52 seconds East with the West line thereof a
distance of 704.00 feet to an "X" cut found for the Northwest corner of said tract tract in
the recognized South line of Willowood Street;
THENCE South 88 degrees 37 minutes 28 seconds East with the North line thereof a
distance of 413.09 feet to the PLACE OF BEGINNING and enclosing 6.674 acres of
land, more or less.
J.E. Thompson RPLS # 4857 DATE